Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 36953 (ALL)

MANOJ KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/11043/2025 · 2025-04-06

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:50278 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11043 of 2025 Applicant :- Manoj Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogesh Kumar Tripathi Counsel for Opposite Party :- Kamlesh Kumar Mishra,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Yogesh Kr. Tripathi, learned counsel for the applicants, Sri Rajeev Kr. Singh, learned A.G.A. for the State and Sri Kamlesh Kr. Mishra, learned counsel for opposite party No.2 who has filed vakalatnama today and the same is taken on record. 2. This application has been filed to quash the charge sheet dated 5.7.2023, summoning order dated 30.8.2023 as well as entire proceeding of case No. 1041 of 2023, arising out of case crime No. 31 of 2023, u/s 498A, 323, 504, 506 IPC and 3/4 D.P. Act, and 3(2)(va) SC/ST Act, P.S Mahila Thana, District Hapur. 3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise dated 18.12.2024. It is further submitted that the said compromise has already been filed before the court below. 4. Learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified. 5. In view of the above, the court below is directed to verify the said compromise after summoning the parties within a period of two months from the date of receipt of a copy of this order and after verification, the court below will dispose of the impugned proceeding in accordance with law. 6. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 7. However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises. 8. With the aforesaid direction, the present application is disposed of. Order Date :- 7.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad